June 12, 1974 

The Honorable Ted Butler 

District Attorney 

166th Judicial District Court 

Bexar County Courthouse 

San Antonio, Texas 

Opinion No. H- 325 

Re: Designation of a county court 

at law aa the juvenile court. 

Dear Mr. Butler: 

You have asked our opinion on two questions which are: 

(I) Can the Juvenile Board of Bexar County designate a 

County Court at Law am the Juvenile Court? 

(2) Does the County Court have exclusive jurirdiction 

over matters affecting juvenile offenders in Bexar County? 

Article 5, $ I of the Constitution provides in part that: 

The judicial power of’this State shall be vested 

in one Supreme Court, in Courts of Civil Appeals, 

in a Court of Criminal Appeals, in Dirtrict Courts, 

in County Courts, in Commissioners Courts, in 

Courts of Justices of the Peace, and in such other 

courts as may be provided by law. 

The juriediction of district courts and county courts is provided by 

the Constitution (Article 5, 5 5 8 and 16, Texas Constitution), and both courts 

have authority to decide matters affecting juveniles. See In re Cockrell, 

493 S. W. 2d 620 (Tex. Civ. App., Amarillo, 1973, writ ref’d n. r. e.). 

p. 1502 
The Honorable Ted Butler page 2 (H-325) 

Article 5, § 1 further provides: 

The Legislature may establish such other courts 

as it may deem necessa,ry and prescribe the jurisdiction 

and organization thereof,. and may conform the jurisdiction of the district and other inferior courts thereto. 

Pursuant to this provision of the Constitution the Legislature has created, 

inter alia, county courts at law. 

Six county courts at law have been authorized for Bexar County. 

County Courta at Law Nos. 1 and 2 of Bexar County were created by 

Article 1970-301, V. T. C. S. Among subjects specifically eXcluded from 

their jurirdiction is the transaction of “all business pertaining to . . . 

minorr. ” Articlea 1970-301, $ § 3 and 4; 1970-64; 1970-65; 1970-301g, 

$3, V. T. C. S. County Court at Law No. 3 of Bexar County was established 

by Article 1970-301d. The court is given,the same jurirdiction enjoyed by 

County Court.0 at Law Nos. 1 and 2 except that in addition: 

The Judge of the County Court at Law No. 3 

of Bexar County, Texas, upon proper certifi’cation 

of the County Judge of Bexar County, Texas, because 

of conflicting duties, or absence or inability to act; 

or, upon the failure or r.efusal of such County Judge 

to act for any reason or cause, shall also be authorized 

and empowered to act for and in the place and stead of 

said such County Judge in any lunacy, probate and 

condemnation proceeding or matter, and also may 

perform for the County Judge of Bexar County any and 

all other ministerial acts required by the laws of this 

State of said County Judge of Bexar County, Texas . . . . 

Provided, that the powers thus conferred on the Judge 

of the County Court at Law No. 3, of Bexar County, 

Texas, shall extend toandinclude all powers of the 

County Judge of Bexar County, Texas, except his 

powers and duties in connection with the transaction 

of the business of the County as presiding officer of 

p. 1503 
The Honorable Ted Butler page 3 (H-325) 

the Commissioners Court, and in connection with 

the budget of Bexar County. Article 1970-301d, 

0 2, V. T. C. S. 

Therefore, the County Court at Law No. 3 has potential jurisdiction over 

juvenile matters, depending on the inability or refusal of the County Judge 

to act in those cases. 

County Court at Law No. 6 of Bexar County was originally denominated 

as the County Civil Court at Law of Bexar County. Articles 1970-3OLf. It is 

granted power “to hear and determine all matters affecting minors. ” Article 

197a-3Olf, 9 3. 

County Courts at Law Nos. 4 and 5 of Bexar County were created by 

Article 1970-30le. 1. V. T. C. S. Their duties will commence on January 1, 

1975. Article 1979-30le. 1,s 11, V. T. C. S. County Court at Law No. 4 has 

authority to “hear and determine all matters affecting minors. ” Article 

1970-301e. 1, $20. County Court at Law No. 5 has the same jurisdiction as 

County Courts at Law Nos. 1, 2 and 3. Article L970-3Ole. 1, 5 2. Its 

concurrent jurisdiction with County Court at Law No. 3 gives it potential 

jurisdiction over juvenile. matters. 

Therefore it is our conclusiop that the statutes creating the six courts 

give juriediction over juvenile matters to County Courts at Law Nos. 4 and 6, 

deny such jurisdiction to County Courts at Law Nos. 1 and 2, and give 

potential jurisdiction over juvenile matters to County Courts at Law Nos. 

3 and 5. However, $51.04 of Vernon’s Texas Family Code provides in part: 

(a) The juvrnile court hasexclmive original 

jurisdiction over proceedings under this title. 

(b) In a county having a juvenile board, the board 

shall designate one or more’ district, criminal district, 

domestic relations. juvenile, or county courts or county 

courts at law as the Juvenile court, subject to Subsection 

(d) of this section . . . . 

p. 1504 
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The Honorable Ted Butler page 4 (H-325) 

(d) A court may not be designated as the juvenile 

court unleaa its judge is an attorney licensed to practice 

Law in this atate. 

(e) A designation made under Subsection (b) or (c) 

of this section may be changed from time to time by the 

authorized boards or judges for the convenience of the 

people and the welfare of children.. However, there 

must be at all times a juvenile court designated for 

each county.’ It is the intent of the legis,lature that in 

selecting a court to be the juvenile court of each,county, 

the selection ahall be made ae far as practicable 80 that 

the court derignated as the juvenile court will be one 

which is presided over by a judge who has a sympathetic 

understanding of the problems of child welfare and that 

changee in the designation of juvenile courts be made 

only when the best interert of the public requires it. 

Predeces,sor etatutes to this portion of the Family Code permitted 

designation of certain courts as juvenile courts, but the courts which could 

be so designated already possessed jurisdiction over juvenile matters. 

Acts 1943, 48th Leg., ch. 204, p. 313, 44; Acts 1909, 31st Leg., ch. 55, 

p. 101, 6 1; Frey, “The Evolution of Juvenile Court Jurisdiction and Procedure in Texas,” 1 Tex. Tech. L. R.ev. 209, 218 (1970). When the 

statute was amended to permit criminal district courts, which arguably 

had ‘no juvenile jurisdiction, to be named as the juvenile court, the amendatory act specifically granted that jurisdiction to those courts. Acts 1945, 

49th Leg., ch. 35, p. 52, $ 1. 

It is clear that jurisdiction of the juvenile ~court comes from an act 

of the Legislature and,not from the juvenile board. In re Hoskins, 198 S. W. 

2d 460 (Tex. Civ. App. Amarillo 1946, writ ref’d n.r.e.). It also has been 

held under the predecessor to this portion ot the Family Code that the statute 

permitting the juvenile board lo designate a court as the juvenile court does 

not create a new court, but merely limits the class of cases to he tried in 

that court during the designated period. Bomar v. Bomar, 229 S. W. 2d 

p. 1505 
. 

- _ 

The Honorable Ted Butler page 5 (H-325) 

859 (Tex. Civ. App. Dallas 1950, no writ), but 8e.e In re Cockrell, supra. 

Section 51.04 of the Family Code does not confer the jurisdiction of a 

juvenile court on courts not already posseasing it. If the Family Code were 

interpreted to grant jurisdiction denied to the Bexar County Courts at Law 

in Articles 1970-301, 1970-301d, 30Le. 1 and 3Olf, V. T. C. S; , that interpretation would ignore the maxim that “where a law is enacted as a part of an 

existing system covering a given subject-‘matter, it will be presumed the 

Legislature intended that the same should operate in harmony therewith. ” 

Freels v. Walker, 26 S. W. 2d 627, 630 (Tex. 1930). 

Therefore, it is our opinion that the Bexar County Juvenile. Board 

may name Coun,ty Courts at Law Nos. 4 ,or 6 as the juvenile court. Under 

some cir~cumstances it may designate County Courts at Law Nos. 3 or 5, , 

but it may not name County Court at Law Nos. 1 or 2 aa the juvenile court. 

SUMMARY 

Designation ae the juvenile court under Sec. 51.04 

of the Family Code is limited to courts possessing 

jurisdiction over juvenile matters from a source other 

than the Family Code. 

Very truly yours, 

OHN L. HILL 

General of Texas 

pm 1506 
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. 

The Honorable Ted Butler page 6 (H-325) 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1507